Point Elliott Treaty

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Reservations in what is now Washington State

The Treaty of Point Elliott is a treaty between the government of the USA and 22 Indian tribes in the Puget Sound area in what was then Washington territory , or in what is now Washington state . It was completed on January 22, 1855.

The Treaty provided for the establishment of reserves (reservations) of Suquamish , Tulalip , Swinomish and Lummi ago and guaranteed unlimited collection, hunting and fishing rights. Strangely enough, there are no reserves for the Duwamish, Skagit, Snohomish and Snoqualmie . Most of the reserves still exist today.

The place of signing was Muckl-te-oh or Point Elliott, today's Mukilteo in Snohomish County . The treaty only became legally valid when it was ratified after more than four years. Chief Seattle signed for the Suquamish and Dwamish ( Duwamish ), Patkanim for Snoqualmie and Snohomish , Chow-its-hoot for the Lummi , and Goliah for the Skagit . In total there are seals or symbols of 83 Indians. Territorial Governor Isaac Stevens signed for the United States , 16 other signatures were added, so that a total of 100 men signed the contract.

background

Since the border treaty between Great Britain and the United States, in 1846 the continent along the 49th parallel split , the number of settlers in the Northwest initially grew slowly. To encourage this settlement, a law, the Donation Land Claim Act of 1850, opened the Oregon Territory, and later Washington, to the settlers who were allowed to purchase land there cheaply. The male settlers were allowed to purchase 160 acres (= 64 hectares ) of land, plus 160 for their wives. Settlers who were resident before 1850 were even allowed to purchase 640 acres , which was more than 250 hectares. Since no reservations were established at that time, this provision did not conflict with the Intercourse Act of 1834 until 1854/55 , which prohibited white settlers from entering Indian reservations.

The new settlers occupied the land to which they were legally entitled and were supported by the military and militias. The Indians, to whom legal means of defense were not available, defended themselves mainly in small wars. In addition, the private ownership of land was incomprehensible to them and that the signatories, who did not understand the foreign writing system at all and the language of the whites only to a limited extent, had to rely on the identity of the verbal promise and the written contract - a loophole, the governor Stevens exploited in favor of the settlers. Finally, reservation and recognition commitments have been left out for some tribes.

Stevens' goals

In 1854/55 alone, the Washington Territory signed several treaties, including that of Medicine Creek on December 26, 1854, of Point Elliott and Walla Walla on May 21, 1855. In all of the treaties, Stevens ignored instructions from the capital, the territorial claims of the Indians and the Precisely delimit settlers.

From the beginning, Stevens had the following goals: Establishing reservations in which all Indians had to live, in addition to promoting agriculture and livestock farming as well as “civilized habits”. As compensation, not money should be raised, but annual gifts in the form of blankets and clothes. Schools, farms and shops should be set up to enforce cultural changes, but also bans on war, slavery and alcohol. In order to be able to carry out this process, the Indians should first keep their fishing and hunting rights and continue to collect and keep cattle on unoccupied land. If they had adjusted accordingly, the land should be given to them, not to the tribe, but to individuals.

Signatory

In total, exactly 100 men signed the contract. The signatories and witnesses on the US side were: James Doty, Secretary , George Gibbs, Land Surveyor (he left numerous, now valuable records), HA Goldsborough, Commissioner , BF Shaw (translator), Colonel MT Simmons . There were also, mostly as witnesses, MT Simmons, Special Indian Agent , HA Goldsborough, Commissioner , BF Shaw, translator, James Tilton , General Surveyor and others.

On the part of the Indians, 22 tribes and 83 signatories were involved (the first tribal names are based on the spelling in the text, the second on the transcription that is common today):

For various reasons, some tribes in the region were not included in the treaty. The Nooksack , Samish , Semiahmoo , Puyallup and Quileute were missing . The rights of the nooksack were exercised by Chief Chow-its-hoot the Lummi. The Quileute received their own contract that same year, the Quileute River contract . All the others had, or still have problems to this day, to obtain state recognition as a tribe.

The following people signed or sealed:

Michael Troutman Simmons (1814-67) was one of the signatories of the Indian agent contract, although he was illiterate
Issac I. Stevens , Governor and Superintendent
Seattle , chief of the Dwamish and Suquamish tribes
Pat-ka-nam , chief of the Snoqualmoo, Snohomish and other tribes
Chow-its-hoot , Chief of the Lummi and other tribes
Goliah, chief of the Skagits and other allied tribes
Kwallattum, or General Pierce, sub-chief of the Skagit tribe
S'hootst-hoot, sub-chief of the Snohomish
Snah-talc, or Bonaparte, sub-chief of the Snohomish
Squush-um, or The Smoke, sub-chief of the Snoqualmoo
See-alla-pa-han, or The Priest, sub-chief of the Sk-tah-le-jum
He-uch-ka-nam, or George Bonaparte, sub-chief of the Snohomish
Tse-nah-talc, or Joseph Bonaparte, sub-chief of the Snohomish
Ns'ski-oos, or Jackson, sub-chief of the Snohomish
Wats-ka-lah-tchie, or John Hobtsthoot, sub-chief of the Snohomish
Smeh-mai-hu, sub-chief of the Skai-wha-mish
Slat-eah-ka-nam, sub-chief of the Snoqualmoo
St'hau-ai, sub-chief of the Snoqualmoo
Lugs-ken, sub-chief of the Skai-wha-mish
S'heht-soolt, or Peter, sub-chief of the Snohomish
Do-queh-oo-satl, Snoqualmoo tribe
John Kanam, Snoqualmoo sub-chief
Klemsh-ka-nam, Snoqualmoo
Ts'huahntl, Dwa-mish sub-chief
Kwuss-ka-nam, or George Snatelum, Sen., Skagit tribe,
Hel-mits, or George Snatelum, Skagit sub-chief
S'kwai-kwi , Skagit tribe, sub-chief
See-lek-qu, Sub-chief Lummi tribe
S'h'-cheh-oos, or General Washington, sub-chief of the Lummi tribe
Whai-lan-hu, or Davy Crockett, sub-chief of the Lummi tribe
She-ah-delt-hu, sub-chief of the Lummi tribe
Kwult-seh, Sub-chief of the Lummi tribe
Kwull-et-hu, Lummi tribe
Kleh-kent-soot, Skagit tribe
Son-heh-ovs, Skagit tribe
S'deh-ap-kan, or General Warren, Skagit tribe
Chul-whil-tan, sub-chief of the Suquamish tribe
Ske-eh-tum, Skagit tribe
Patchkanam, or Dome, Skagit tribe
Sats-Kanam, Squin-ah-nush tribe
Sd-zo-mahtl, Kik-ial-lus band
Dahtl-de-min, sub-chief of the Sah-ku-meh-hu
Sd'zek-du-num, Me-sek-wi-guilse sub-chief
Now-a-chais, sub-chief of the Dwamish
Mis-lo-tche, or Wah-hehl-tchoo, sub-chief of the Suquamish
Sloo-noksh-tan, or Jim, Suquamish tribe
Moo-whah-lad-hu, or Jack, Suquamish tribe
Too-leh-plan, Suquamish tribe
Ha-seh-doo-an, or Keo-kuck, Dwamish tribe
Hoovilt-meh-tum, sub-chief of the Suquamish
We-ai-pah, Skaiwhamish tribe
S'ah-an-hu, or Hallam, Snohomish tribe
She-hope, or General Pierce, Skagit tribe
Hwn-lah-lakq, or Thomas Jefferson, Lummi tribe
Cht-simpt, Lummi tribe
Tse-sum-ten, Lummi tribe
Klt-hahl-th, Lummi tribe
Kut-ta-kanam, or John, Lummi tribe
Ch-lah-ben, Noo-qua-cha-mish band
Noo-heh-oos, Snoqualmoo tribe
Hweh-uk, Snoqualmoo tribe
Peh-nus, Skai-whamish tribe
Yim-ka-dam, Snoqualmoo tribe
Twooi-as-kut, Skaiwhamish tribe
Luch-al-kanam, Snoqualmoo tribe
S'hoot-kanam, Snoqualmoo tribe
Sme-a-kanam, Snoqualmoo tribe
Sad-zis-keh, Snoqualmoo
Heh-meal, Skaiwhamish band
Charley, Skagit tribe
Sampson, Skagit tribe
John Taylor, Snohomish tribe
Hatch-kwentum, Skagit tribe
Yo-i-kum, Skagit tribe
T'kwa-ma-han, Skagit tribe
Sto-dum-kan, Swinamish band
Be-lole, Swinamish band
D'zo-lole-gwam-hu, Skagit tribe
Stand-up shail, William, Skaiwhamish band
Kel-kahl-tsoot, Swinamish tribe
Pat-sen, Skagit tribe
Pat-teh-us, Noo-wha-ah sub-chief
S'hoolk-ka-nam, Lummi sub-chief
Ch-lok-suts, Lummi sub-chief
MT Simmons , Indian agent
CH Mason , Secretary of Washington Territory
Benj. F. Shaw, interpreter
Chas. M. Hitchcock
H. a. [Sic] Goldsborough
The lawyer, surveyor, naturalist and early ethnologist George Gibbs (1815–1873) was considered a connoisseur of the languages ​​and customs of the Northwest. He also collected Klamath vocabulary . In view of the diverging languages ​​and customs, he pleaded for the establishment of many small reservations, which the governor refused. He later worked at the Smithsonian Institution in New York.
George Gibbs
John H. Scranton
Henry D. Cock
SS Ford, Jr.
Orrington Cushman
Ellis Barnes
RS Bailey
SM Collins
Lafayette Balch
IT Fowler
JH Hall
Rob't Davis

Apparently, a certain hierarchy of rank of tribes and chiefs was observed in the order of the signatories. As far as can be seen, the same applied to the order of the Americans.

Core provisions

Under the restriction that the President could cancel, relocate or dissolve reservations in individual possession, if the well-being of the Indians or the interests of the territory so required, or that tribes could be combined into a reservation, the following was recorded: The trade of the Indians with Vancouver Island was banned - which cut traditional trade routes. The same applied to foreign Indians, who later lived in Canada , who were not allowed to live in the US reservations without the approval of the supervisory or agent - which severely disrupted close family ties.

The treaty made a distinction between the signatories, in an attempt to approximate the internal structure and its terminology by means of European ideas and English terminology, between tribes and allied (allied) and subordinate (subordinate) tribes and groups (tribes and bands).

Admiralty Inlet

They cede, relinquish, and convey to the USA all their rights, titles and interests in connection with the land they occupied. This should apply between the east side of Admiralty Inlet (Point Pully), along a line midway between Commencement and Elliott Bay, then eastward to the area ceded by Nisqually and Puyallup and others, out to the summit of the Cascade Range , then north to the 49th parallel, then west again along this line to the middle of the Gulf of Georgia , on through the Canal de Arro to the Juan de Fuca Strait , in the middle through the Admiralty Inlet to Suquamish Head. Then it went south again between Hood Canal and Admiralty Inlet to Wilkes' Portage, on to Point Southworth on the west bank of Admiralty Inlet, eastward along Vashon's Island to complete the circle. In addition there were all the enclosed islands.

1280 acres (corresponding to two sections of 640 acres , analogous to the settler land) around Port Madison (Noo-sohk-um), 1280 acres on the north side of Hwhomish Bay and the stream that flows into it, the southwest corner of Perry's Island and the Chah-choo -sen called island near the confluence of the Lummi River with Bellingham Bay and the Gulf of Georgia. The land should belong to the tribes for their exclusive use, no white person should be allowed to settle there without their permission and that of the superintendent or agent . However, should it be necessary to build roads through these areas, the Indians should receive compensation for any damage caused thereby.

On the northeast side of Port Gardner , plus at the mouth of the Snohomish River , including Tulalip Bay, 36 sections should be exempted in order to establish an agricultural and industrial school there. For this purpose, the possibility was kept open of establishing a reservation for all Indians living west of the Cascade Range in the territory, unless the President would choose another location for this Central Agency and General Reservation for the benefit of the Indians.

The Indians agreed to move to the reservations within a year of ratification or sooner if the equipment was available. That is how long they should be allowed to live wherever no US citizen claimed or if he allowed them to.

The right to fish in the usual places should be allowed to the Indians "in common with all citizens of the Territory". In addition, there was the privilege of hunting and gathering roots and berries on open and unclaimed land. Shellfish, however, should only be allowed to be caught where they have not been claimed or cultivated by citizens.

For all of this, the US pledged to pay $ 150,000 , of which 15,000 in the first year after ratification, 12,000 in the next two years, 10,000 in the following three years, then 7,000 for the next four years, 6,000 for each the next five years, for the last five years each $ 4,250. The payout should therefore extend over 20 years. This should not be used to pay off individual debts.

In all of this, it should be left to the President to decide whether all Indians should be resettled in a joint reservation with friendly Indians, and whether he gave each individual property rights to house and land.

The Indians recognized the dependence (dependence) on the government of the USA, also that they should treat all citizens kindly and not steal property. Otherwise property had to be returned or, if no longer usable, the value of the property had to be compensated. The same was true for the Indians among themselves, who were not allowed to offer any perpetrators shelter, but had to hand him over to the responsible authorities.

Except in the case of defense, there was a prohibition on war between the tribes. The US government or the agent were the only bodies to settle the dispute.

Alcohol consumption and bringing alcohol into the reservations were made a criminal offense in that the annual payments for the perpetrators could be withheld.

The keeping and acquisition of slaves was forbidden, the trade to Vancouver Island was expressly forbidden, even the stay of "foreign" Indians was only allowed with the consent of the superintendent or agent .

The government agreed to pay $ 15,000 for the cost of moving and first settling the reservations.

For twenty years, one year after ratification, an agricultural and labor school was to be maintained, free for the Indian children, plus a forge and a carpenter's workshop and the necessary tools. A blacksmith and a carpenter, plus a farmer, were to teach the Indians in their respective craft for the next 20 years. Furthermore, a doctor should live in the central agency, who should provide medicine and advice, as well as vaccination - probably against smallpox. The costs incurred should be borne by the USA without any deduction.

The treaty was ratified on March 8th and published on April 11th, 1859.

Immediate consequences

The years after the conclusion of the treaty became even more complicated than the treaty itself caused due to the unlawful situation caused by the delay in ratification until 1859. Many tribes initially waited in accordance with the contract, relatives often moved to a reserve, such as the comparatively large Tulalip. However, some tribes initially split into groups willing to relocate and groups willing to stay. The pressure of the settlers, which did not stop at arson and murder, ultimately forced many of those who stayed behind to move, but not always to the same reservation as the one chosen by those who left first. Other tribes initially had no idea where to turn, such as the Duwamish, who had not been given a reservation. Some of them went to the Port Madison Indian Reservation , some to the Tulalip Reservations or the Muckleshoot Reservation .

Late effects

The courts and the institutions responsible for the Indians are still concerned with the effects today, because two fundamental legal problems are connected with it. On the one hand, contracts that become valid within the constitution are still valid today. On the other hand, the contracts are to be interpreted as the contracting parties understood them, which opened the door to various interpretations.

The increasingly restricted fishing rights since the 1890s are still an issue that preoccupies the courts. Judge George Boldt's 1974 decision ( Boldt Decision ) underscored the validity of this agreement, which was not enforced until 1979 by the Supreme Court . The tribes of the Nooksack, Upper Skagit , Sauk-Suiattle and Stillaguamish only achieved recognition as a tribe at this time, although they had signed the contract. The Samish , Snohomish , Snoqualmie , Steilacoom and Duwamish were less successful .

Not only are there tangible obligations of the government towards the tribes, or rights to fishing and hunting, but also tax exemptions. This applies above all to the maintenance of casinos , which today make a significant contribution to the financing and provision of jobs. It has therefore happened before that, for reasons of economic competition, one tribe prevented another from being recognized.

Mukilteo or Muckl-te-oh, the place where the Point Elliott treaty was signed, is still a meeting place for Indian canoeists who come from western Canada and the USA. They have met since 1989 as part of the Paddle to Seattle and travel to host families that change every year.

On May 2, 1931, the Daughters of the American Revolution unveiled a memorial in front of 3,000 spectators in Mukilteo to commemorate the treaty, among them 300 Indians, many of the descendants of the signatories, but also Kate Stevens Bates, the daughter of the then governor. As early as 1919 Clarence Bagley and Edmond Meany had tried to find out exactly where the contract had been signed, but without success. Your granite - pylon in memory was never erected. A position on a green space near the Rosehill School on 3rd Street and Lincoln Avenue in Mukilteo was chosen from a historical didactic point of view. Also present were the last contemporaries of the signing, John Davis, almost a hundred years old, Bill Kanim, nephew of Chief Patkanim, and Charley Jules (1846–1935). August Duclos, Superintendent on the reservation Tulalip urged, according to his term Federal Indian Policy , on assimilation . Robert Guss (1907–1985), great-grandson Patkanim, unveiled the monument, along with Lillian Sinclair, granddaughter of one of Mukilteo's pioneers, Jacob Fowler. It still stands today at the place now known as the Rosehill Community Center .

In 1933, Snoqualmie Chief Jerry Kanim gathered many tribes near Lake Sammamish . The operators of the Lake Washington ferry, which connected Seattle with the bay, as well as the initiator, the American Legion , hoped for numerous visitors and considerable income during the global economic crisis . The beaches of Juanita Bay, a collection point for wapato ( arrowhead , sagittaria ) for generations , were chosen as the place of the meeting, to which over 400 Indians in traditional clothing appeared. The governor was promoted to a member of the Lummi and promised compliance with the protection regulations of 1855. Over 2,500 visitors watched the re-signing of the Treaty of Point Elliott. Joseph Hillaire, son of the Lummi chief, who had signed the treaty in 1855, had researched the events surrounding this treaty. Governor Clarence D. Martin took over the role of then Governor Isaac Ingalls Stevens, Jerry Kanim that of his uncle, Chief Patkanims, other descendants followed his example.

On July 26, 2007, around 40 canoes from Puget Sound, the Washington coast and Vancouver Island gathered at Lighthouse Park in Mukilteo. The city of Mukilteo and Washington State Ferries had invited as hosts. From there the participants drove on to the Lummi, as they have been doing every year since 1989.

See also

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cards

literature

Remarks

  1. ↑ According to: Treaties and Councils: Stevens' Entourage , Washington State Historical Society ( Memento of the original of August 12, 2006 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. . @1@ 2Template: Webachiv / IABot / washingtonhistoryonline.org
  2. ↑ See "January 22, 1855: Treaty of Point Elliott". The Treaty Trail: US - Indian Treaty Councils in the Northwest, Ed. Washington State History Museum 2004 ( Memento of the original of September 27, 2007 in the Internet Archive ) Info: The archive link was automatically inserted and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. . @1@ 2Template: Webachiv / IABot / washingtonhistoryonline.org
  3. ^ Betty Lou Gaeng: Chief Napoleon Bonaparte of the Snohomish People , in: Sno-Isle Genealogical Society (Ed.): The Sounder 23.1 (2009).
  4. ↑ Northwest Indian canoes return to site of Point Elliott Treaty on July 26 of 2007.
  5. ↑ Margaret Riddle: DAR places a monument in Mukilteo in remembrance of the 1855 Point Elliott Treaty on May 2, 1931 , HistoryLink.org, December 30, 2007
  6. ↑ This and the following from: Alan J. Stein: Indian tribes gather in Juanita to re-enact signing of 1855 Point Elliott Treaty on May 27, 1933 , HistoryLink.org, 2007 .
  7. ↑ This and the following from: Kit Oldham: Northwest Indian canoes return to site of Point Elliott Treaty on July 26, 2007 , HistoryLink.org, August 26, 2007 .